IMPORTANT POINTS
More meritorious candidate is entitled to exercise preference first depending on the creation of vacancy in a particular college after the first round.
Shifting of candidates after the cut-off date is not permissible.

JUDGMENT

P. Sathasivam, J. —

Leave granted in both SLPs.

C.A. No.6026/2008 @ S.L.P.(C) No. 17406/2006

1. This appeal, by special leave, is directed against the judgment and final order dated 28.9.2006 of the High Court of Judicature at Bombay, Bench at Nagpur, in Writ Petition No. 4515 of 2006, whereby the High Court allowed the said writ petition directing the State - Directorate of Medical Education and Research (hereinafter referred to as “DMER”) to consider Sneha Satyanarayan Agrawal - respondent No.1 herein for giving seat in Indira Gandhi Medical College (hereinafter referred to as “IGMC”), Nagpur by shifting Kirti Shivajirao Ruikar-respondent No.2 herein to Government Medical College (hereinafter referred to as “GMC”), Yavatmal.

2. The facts, in brief, are as under:

On 31.03.2006, Information Brochure for medical courses in Government Colleges in Maharashtra for the academic year 2006-2007 was published and accordingly MHT-CET, 2006 was conducted on 21.05.2006 throughout Maharashtra. First round for verification of documents and filling of preference forms took place during 28.6.2006 to 6.7.2006 and accordingly, on the basis of the same, final allotments were made on 14.7.2006 thereby mentioning 21.7.2006 as the last date for joining. In the first round, admissions were given as under :

State Merit List No. Name of Student Name of the College Quota

963 Sneha Satyanarayan Shri Vasantrao Naik 70% Agrawal - Respondent Govt. Medical College, Regional No.1 Yavatmal

869 Kirti Shivajirao Ruikar - Shri Vasantrao Naik 30% Respondent No.2 Govt. Medical College, State Yavatmal

844 Deepika Nandkumar Govt. Medical College, 30% Mishra - Respondent No.3 Miraj State

In IGMC, Nagpur, twelve seats for women open category were vacant, and as per the Rule, 30% seats have to be filled up from State and 70% seats have to be filled up from Region i.e. four seats from State and eight seats from Region have to be filled up. On 24.8.2006, in the second round of counseling, considering vacant seats and the preference as given by the candidates in the Preference Form, two candidates, namely, 1) Purbi Rabindra Acharya (SML No. 634) - who was admitted in Indira Gandhi Medical College, Nagpur in 30% State quota, preferred and joined B.J. Medical College, Pune and 2) Anuradha Kamalkishore Rathi (SML No. 703) who was also admitted in India Gandhi Medical College, Nagpur in 30% State quota preferred and joined Government Medical College, Nagpur. Therefore, two seats in 30% State quota were vacant. Accordingly, Deepika Mishra, SML No. 844 and Kirti Ruikar, SML No. 869 were given admission against the vacant seats. In view of the same, seats in their earlier places were vacant and two candidates were accommodated. Second round of admissions was finalized on 24.8.2006 and the list was published on 25.8.2006 mentioning 30.8.2006 as the last date for joining. On 28.8.2006, respondent No.1 herein submitted a representation to DMER by fax informing that the admissions of respondent Nos. 2 & 3 are in violation of Rules depriving her to exercise her higher preference and betterment. However, no action was taken. Being aggrieved by the conduct of the Government, respondent No.1 approached the Bombay High Court, Nagpur Bench by filing a writ petition. On 15.9.2006, respondent No.1 herein filed an application impleading Deepika Mishra as a party respondent and the same was allowed. On 28.9.2006, after hearing the parties, the High Court disposed of the writ petition, by pronouncing only operative part of the judgment, thereby directing DMER to consider shifting of Kirti Ruikar from Indira Gandhi Medical College, Nagpur to GMC, Yavatmal and shifting of Sneha Agrawal, respondent No.1 herein from GMC, Yavatmal to Indira Gandhi Medical College, Nagpur. Later on, on 12.10.2006, full judgment was delivered. In the meantime, the entire admission process was over. Challenging the judgment dated 28.9.2006, the State of Mahrashtra has fi